Understanding Probate
Selling a property as part of a probate estate can feel daunting, particularly when the legal process is unfamiliar. When a home forms part of an estate, executors are usually required to establish an accurate value and understand how probate affects the sale. At David Cosby, our Chartered Surveyors and estate agency team combine professional valuation expertise with practical legal knowledge, enabling us to guide clients through both the probate process and the property-related decisions that follow.
A clear understanding of the steps involved can help to reduce uncertainty at what is often a difficult time. Our firm has been supporting clients across Northamptonshire for over twenty years, and we are always available to talk through procedures, valuations, and the best way to prepare a property for sale or retention.
What is a Grant of Probate?
A Grant of Probate is a type of Grant of Representation that gives the executor legal authority to deal with the assets of the estate, including selling a property where they are not listed on the title deeds. If there is a valid Will, only the named executors can apply. Where there is no Will, the closest surviving relative may instead apply for a Letter of Administration.
If the deceased owned the property jointly with a spouse as joint tenants, probate is not normally required for the property itself, although probate may still be needed for other assets.
How do I Obtain a Grant of Probate?
Obtaining a Grant of Probate will require a degree commitment that can be difficult especially during the difficult time of mourning. There are specialist law firms dedicated in dealing with Wills and Probate matters to help ease the burden; however, you should anticipate a degree of form filling and you will need to produce various documentation. The bullet points below give a step-by-step guide to some of the main processes:
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Registration of the Death
As part of the Probate Application, it will be necessary to provide a death certificate and a copy of the deceased Will.
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A Valuation or Market Appraisal of the Property
You will be required to provide a value for the property as part of the probate application. Where inheritance tax may be payable, or where the estate is substantial or complex, HMRC expect a formal RICS Red Book valuation prepared by a Chartered Surveyor. This provides an independently verified market value at the date of death and can be relied upon for taxation purposes.
In straightforward cases where inheritance tax is not an issue, a market appraisal from an estate agent may be sufficient. We are able to offer both services and can advise you on the most appropriate approach for your circumstances.
If you would like a more detailed explanation of when a formal valuation is appropriate, our guide on RICS Red Book valuations for probate sets out the circumstances in which a Chartered Surveyor’s report is recommended.
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The Title and Deeds for The Property
These documents are important to establish whether there are any restrictions on the land or the property. If you are unable to find the paper copies of these documents and the property is registered, then we would be happy to obtain electronic copies for you through Land Registry. There is a small fee of approximately £10 per document. If the property remains unregistered, it is important to locate the original deeds and documents. Quite often these will be held for safe keeping by a solicitor.
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Inheritance Tax
Unfortunately, any inheritance tax due must be paid before a Grant of Probate is issued. Most executors do not have the money to pay for this tax up front. Therefore, it is common to use a Direct Payment Scheme whereby the inheritance tax can be paid from the estate.
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Completing the Application Form for a Grant of Probate
If you have decided not to use a solicitor or probate practitioner then it is possible for you to apply for a Grant of Probate online by going to Apply For Probate.
Alternatively, an application Grant of Probate can be made by post. If there is a Will in place then an application form PA1P will need to be completed and a copy of the form can be downloaded here PA1P Form. If there is no Will in place then an application form PA1A will need to be completed and a copy of the form can be downloaded here PA1A Form.
In most cases an application fee will also need to be paid and this is usually £273.
How Long Does It Take to Obtain a Grant of Probate?
Processing times vary. Online applications can take around eight weeks, while paper applications may take longer. Delays are more likely where further information is requested by the Probate Registry. We have seen clients obtain a Grant in as little as two weeks, while larger estates managed through solicitors have sometimes taken several months.
It is sensible to begin the process promptly. Empty properties can deteriorate quickly, and insurers often require vacant property cover after thirty days.
Do I Need a Grant of Probate Before I Can Market a Property for Sale?
A property can be marketed before probate is granted, and in many cases this is practical, particularly if seasonal presentation is a factor. However, a sale cannot legally complete until the Grant of Probate is issued. Purchasers may be willing to wait, but where probate is likely to be delayed, it can be preferable to obtain the Grant first to provide greater certainty and avoid disruption to a chain.
What Should I Do Next?
Our team will be happy to discuss the most suitable route forward, whether you intend to sell the property, retain it as a rental investment, or require a formal RICS valuation for probate purposes. As a family-run firm with surveying, legal and estate agency expertise under one roof, we offer a level of personal service that larger organisations often struggle to match.
We trust this guide has been useful. At David Cosby, our combined surveying, legal and estate agency expertise ensures clients receive clear, balanced advice on all aspects of probate property and wider property matters.
